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3rd Session, 42nd Legislature

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Bill 47

THE EARLY LEARNING AND CHILD CARE ACT


Section Table of Contents
INTRODUCTORY PROVISIONS
1(1) Definitions
(2) Reference to "Act" includes regulations
2(1) Interpretation — early learning and child care services
(2) Certain providers exempt from Act
3 Purpose
4 Principles
PROVIDERS OF EARLY LEARNING AND
5 General obligation
6(1) Provider must be licensed
(2) Exemption
7 Provider must ensure employees are certified
8 Early learning program
9 Code of conduct
10 Safety plan
11 Requirement to provide information to employees
12 Maximum fee
13 Information to be provided
14 Licence posted
ADMINISTRATION
15(1) Provincial director
(2) Provincial director may delegate
(3) Provincial director retains powers and duties
16 Forms
17(1) When provincial director may require personal information
(2) Limits on personal information
(3) Duty to adopt security safeguards
LICENCES AND CERTIFICATES
LICENCE APPLICATIONS
18(1) Licence application
(2) Applicant to provide information
19 Inspection of premises
20 More than one licence required
ISSUING LICENCES AND CANCELLING
21(1) Provincial director may issue licence
(2) Requirements before issue of licence
(3) Duration of licence
22(1) Terms and conditions of licence
(2) Notice
(3) Provider must comply with terms and conditions
23 Licence not transferable or assignable
24(1) Refusal to issue licence
(2) Refusal to renew, cancellation or suspension
(3) Notice
CERTIFICATE APPLICATIONS
25(1) Applying for certificate
(2) Applicant to provide information
ISSUING CERTIFICATES AND
26(1) Provincial director may issue certificate
(2) Requirements before issue of certificate
27(1) Terms and conditions of certificate
(2) Notice
(3) Certificate holder must comply with terms and conditions
28(1) Refusal to issue certificate or cancellation
(2) Notice
VARIATIONS
29(1) Applying for a variation
(2) Issuing a variation
(3) Form
30(1) Terms and conditions
(2) Effect of compliance
(3) Other requirements still apply
31 Cancellation
GRANTS AND FINANCIAL ASSISTANCE
GRANTS
32(1) Grants
(2) Application for grants
(3) Information
33(1) Terms and conditions
(2) Recipient must comply with terms and conditions
34 Notice of decision
35 Termination of grant
FINANCIAL ASSISTANCE
36(1) Providing financial assistance to eligible parents
(2) Exception
(3) Providing financial assistance, other circumstances
(4) Parent's eligibility
(5) Payment to provider
37(1) Application for financial assistance
(2) Information
38(1) Terms and conditions
(2) Recipient must comply with terms and conditions
39 Notice of decision
40(1) Refusal or termination of financial assistance
(2) Notice
OBLIGATIONS OF RECIPIENTS
41(1) Financial and other records
(2) Providing records
42(1) Repayment
(2) Debt due to government
(3) Certificate registered in court
RECONSIDERATIONS AND APPEALS
43(1) Request for reconsideration
(2) Time limit for requesting reconsideration
(3) Form and content
(4) Suspending the application of the decision
(5) No hearing required
(6) Decision on reconsideration
44 Appeal
INSPECTIONS AND ORDERS
45(1) Appointment of inspectors
(2) Designation of inspectors
(3) Provincial director has inspection powers
(4) Identification
46(1) Powers of inspectors
(2) Assistance
(3) Authority to enter private dwelling
(4) Warrant to enter and inspect private dwelling
(5) Application without notice
47(1) Assistance to be given
(2) Electronic records
(3) Inspector may make copies
(4) Admissibility of copies
48 Obstruction prohibited
ORDERS
49(1) Order to remedy contravention
(2) Requirements of order
(3) Oral order
(4) Duty to comply
50(1) Request for review by provincial director
(2) Time limit for requesting review
(3) No hearing required
(4) Provincial director may suspend application of order
(5) Decision of the provincial director
(6) Notice of decision
51 Appeal
52(1) Order for compliance
(2) Conditions on order
PROVISIONAL ADMINISTRATOR
53 Application
54 Definitions
55(1) Minister to appoint provisional administrator
(2) Powers of the provisional administrator
(3) Powers specified by order
(4) Powers limited
(5) Powers suspended
(6) Directors may continue to act
56 Directors must assist administrator
57(1) Remuneration of provisional administrator, etc.
(2) Expenses may be paid from Consolidated Fund
58 Termination of appointment of provisional administrator
59 Conflict
GENERAL
CHILD CARE QUALIFICATIONS AND
60(1) Advisory council
(2) Role of council
(3) Members appointed by minister
(4) Persons eligible for appointment
(5) Term of office
(6) Limitation on length of service
(7) Appointment continues
(8) Chair and vice-chair
EVIDENTIARY AND LEGAL MATTERS
61 Provincial director's certificate
62(1) Service of documents
(2) Deemed receipt
63 Liability protection
OFFENCES AND PENALTIES
64(1) Offences
(2) Liability of corporate officers and directors
(3) Time limit for prosecution
65 Penalties
66 Convicted person still must comply with order
REGULATIONS
67(1) Regulations
(2) Scope and application of regulations
TRANSITIONAL PROVISIONS AND
TRANSITIONAL PROVISIONS
68 Definition of "former Act"
69(1) Transition — licences and certificates
(2) Terms and conditions continue
70(1) Transition — pending appeals
(2) Former Act applies
71 Transition — orders
72(1) Transition — grants, subsidies and further assistance
(2) Terms and conditions continue
73 Act applies to recovery of payments
74(1) Regulations — transitional matters
(2) Application of regulations
CONSEQUENTIAL AMENDMENTS
75(1) C.C.S.M. c. C80 amended
(2)
(3)
(4)
76(1) C.C.S.M. c. E125 amended
(2)
(3)
(4)
77(1) C.C.S.M. c. I10 amended
(2)
(3)
(4)
(5)
(6)
78 C.C.S.M. c. M226 amended
79 C.C.S.M. c. S167 amended
REPEAL, C.C.S.M. REFERENCE AND
80 Repeal
81 C.C.S.M. reference
82 Coming into force